Pages 114 to 165 include ARC 9985A to ARC 0004B

Administrative rules review committee 106

Filed Emergency After Notice,
Pseudorabies, 64.147, 64.151(3), 64.153(5),
64.154(2), 64.156 to 64.158, 64.160,
64.161 ARC 9997A 145

Schedule for rule making 104

Publication procedures 105

Administrative rules on CD–ROM 105

Agency identification numbers 112

CITATION OF ADMINISTRATIVE RULES 103

Proclamation of disaster emergency 166

Notice and Notice Terminated, Waivers of
administrative rules, 1.8 ARC 9991A 114

Notice, Tobacco settlement fund risk pool
funding, 25.71 to 25.77 ARC 9994A 115

Notice, Medicaid—pharmaceutical case
management, 78.47, 79.1 ARC 9995A 115

Notice, Child–placing agencies—foster
care and adoptive services, 108.7(5),
108.9(7), 200.4(3), 202.4(1) ARC 9992A 117

Filed Emergency, Tobacco settlement fund risk
pool funding, 25.71 to 25.77 ARC 9993A 149

Notice, Administration, 1.4, 1.5, 1.12
ARC 0002B 118

Filed, Not potentially hazardous foods;
exemptions for wild morel mushrooms, aged
cheese, and whole muscle red meats; home
food establishment labeling; hotel equipment,
30.2, 31.1, 34.3, 37.5(3) ARC 9996A 164

Filed Emergency, Executive branch employment,
1.1, 2.2, 4.5, 4.6(12), amendments to chs 5 to 10,
15.14 ARC 9985A 151

Notice, Nursing home administrators—
continuing education, 141.10, 141.12, ch 143
ARC 9999A 119

Notice, Physical therapists and physical therapist
assistants—grounds for discipline; supervision;
continuing education, 200.3(1), 200.5(2),
200.9 to 200.15, 200.23, 200.24, 202.6(2),
202.7 to 202.13, 202.23, ch 203 ARC 9998A 122

Notice, Occupational therapists and occupational
therapy assistants—grounds for discipline; license
fees; supervision; continuing education,
201.1, 201.4, 201.5(1), 201.7(2), 201.8 to
201.17, 201.24, ch 207 ARC 0001B 126

Notice, Criteria for grants, ch 14 ARC 0004B 130

Summarized list 109

Notice, Certificates and inspection fees;
registration of existing and new aboveground
petroleum storage tanks—fees, 5.5, 5.307
ARC 9990A 130

Notice, Sex offender registry, 8.303(2), 8.304(1)
ARC 9986A 131

Notice, Elevator exemption—apartment
buildings less than four stories, 16.705(3)
ARC 9987A 131

Filed Emergency, Certificates and inspection fees;
registration of existing and new aboveground
petroleum storage tanks—fees, 5.5, 5.307
ARC 9989A 160

Filed Emergency, Sex offender registry,
8.303(2), 8.304(1) ARC 9988A 162

Notice, Collection and distribution of local option
sales and service taxes—fee paid by local option
tax jurisdictions, 107.16, 108.4 ARC 0003B 132

Decisions summarized 167

Notice—Public funds interest rates 144

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

Subscriptions and Distribution Telephone: (515)242–5120
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Fax: (515)281–4424

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The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

Prices for the Iowa Administrative Code and its Supplements are as follows:

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Rules will not be accepted after 12 o’clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator’s office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule–making documents, we request a 3.5” High Density (not Double Density) IBM PC–compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 1st Floor, Lucas State Office Building or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

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Containing: Iowa Administrative Code (updated through December 1999)
Iowa Administrative Bulletins (July 1999 through December 1999)
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For free brochures and order forms contact:

Legislative Service Bureau
Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
Telephone: (515)281–3566 Fax: (515)281–8027
lsbinfo@legis.state.ia.us

The Administrative Rules Review Committee will hold a special meeting on Wednesday, August 2, 2000, at 9 a.m. in Senate Committee Room 24, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)“b” by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“Umbrella” agencies and elected officials are set out below at the left–hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory “umbrellas.”

Other autonomous agencies which were not included in the original reorganization legislation as “umbrella” agencies are included alphabetically in small capitals at the left–hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African–Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code section 217.6,the Department of Human Services hereby terminates rule–making proceedings under the provisions of Iowa Code section 17A.4(1)“b” for proposed rule making relating to Chapter 1, “Departmental Organization and Procedures,” and proposes to amend Chapter 1, “Departmental Organization and Procedures,” appearing in the Iowa Administrative Code.

Notice of Intended Action proposing amendments to the Department’s rule on exceptions to policy was published in the Iowa Administrative Bulletin on January 12, 2000, as ARC 9597A. The Notice proposed to bring the Department of Human Services rule for exceptions to policy into compliance with Executive Order Number 11 issued by Governor Vilsack on September 14, 1999. Executive Order Number 11 directs each state agency to adopt a waiver rule as outlined in the order.

That Notice was put on hold at the Governor’s direction pending legislative action on waivers of administrative rules. The Seventy–eighth General Assembly passed 2000 Iowa Acts, House File 2206, which does not rescind Executive Order Number 11, but does supersede some of the substantive provisions of the order, replacing them with statutory language to be codified at Iowa Code section 17A.9A.

Therefore, the Department is terminating the prior rule making and giving notice of new amendments to bring its rules on exceptions to policy into compliance with the Executive Order and 2000 Iowa Acts, House File 2206.

The Department has had a waiver (exception to policy) rule since 1987. The Department’s rule is written in a format that is easy to understand for clients and providers that are requesting exceptions to policy. Therefore, the Department is making only those changes necessary to bring its existing rule into conformity with the Executive Order and the legislative mandate. The Department is also continuing to refer to its “waivers” as “exceptions to policy,” to avoid confusion with the Home– and Community–Based waiver programs.

Specifically, these amendments:

• Clarify that exceptions must be consistent with other state and federal law.

• Specify the minimum findings that must be made, based on clear and convincing evidence, before the director can grant an exception.

• Provide that the party requesting an exception must establish that the exception is appropriate.

• Update the address to which requests for exceptions must be sent, require acknowledgment of requests within seven days, provide for notice to other affected parties and for requests for additional information, and allow for extensions of time for decisions with the requester’s agreement and for the pending of requests filed in contested case proceedings until after a final decision is issued.

These amendments do not provide for waiver of the rules governing waivers in specified situations because all waivers should be subject to the same procedural and substantive rules.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before August 16, 2000.

These amendments are intended to implement Executive Order Number 11, Iowa Code section 217.6 and 2000 Iowa Acts, House File 2206.

The following amendments are proposed.

Amend rule 441—1.8(217) as follows:

441—1.8(17A,217) Exceptions Waivers of administrative rules (hereinafter referred to as exceptions to policy). Exceptions to the department’s rules may be granted in individual cases upon the director’s own initiative or upon request. No exception will be granted to a rule required by state statute or by federal statute or regulation. Any exception granted must be consistent with state and federal law.

1.8(1) Procedures for requests.

a. Requests for exceptions must be submitted in writing to the Bureau of Policy Analysis Appeals Section, Department of Human Services, Hoover State Office Building 1305 E. Walnut Street, 5th Floor, Des Moines, Iowa 50319–0114.

b. A request for an exception is independent from a departmental appeal under 441—Chapter 7. However, a request for an exception may be combined with an appeal of a proposed decision to the director under 441—Chapter 7. A request for an exception made prior to an appeal under 441— Chapter 7 may be denied pending an appeal where factual matters need to be developed.

c. A party requesting an exception must establish that the exception is appropriate. A request for an exception should include the following information where applicable and known to the requester:

(1) The name, address, and case number or state identification number of the person or entity for whom an exception is being requested and the person requesting the exception, if different from the person for whom an exception is being requested.

(2) The specific rule to which an exception is requested or the substance thereof.

(3) The specific exception requested.

(4) Facts relevant to the factors listed in subrule 1.8(2).

(5) A history of the department’s action on the case.

(6) Any information known to the requester regarding the department’s treatment of similar cases.

(7) The name, address, and telephone number of any person inside or outside the department with knowledge of the matter with respect to which the exception is requested.

(8) Releases of information authorizing persons with knowledge regarding the request to furnish the department information pertaining to the request.

d. Requests for exceptions shall be acknowledged immediately within seven days and shall be responded to in writing within 120 days of receipt. The department may give notice of the request to other affected parties. The department may also request additional information from the applicant.

e f. A denial of a request for an exception is absolutely final and is not appealable under 441—Chapter 7.

f g. A request for an exception does not delay the time to request an appeal under 441—Chapter 7 or for filing a petition for judicial review of a final decision in a contested case under Iowa Code section 17A.19.

g h. A request for an exception is not required to exhaust administrative remedies before judicial review of department action under Iowa Code section 17A.19.

h i. The department shall maintain a deidentified record of exceptions granted and denied indexed by rule available for public inspection.

1.8(2) Policy.

b. Exceptions are granted The decision on whether an exception should be granted will be made at the complete discretion of the director after consideration of all relevant factors including, but not limited to, those in paragraph “a” and the following:

a. (1) The need of the person or entity directly affected by the exception. Exceptions will be granted only in cases of extreme need.

b. (2) Whether there are exceptional circumstances justifying an exception to the general rule applicable in otherwise similar circumstances.

c. (3) Whether granting the exception would result in net savings to the state or promote efficiency in the administration of programs or service delivery. Net savings or efficiency will make an exception more likely.

d. (4) In the case of services, assistance, or grants, whether other possible sources have been exhausted. Exceptions will not generally be granted if other sources are available.

e. (5) The cost of the exception to the state and the availability of funds in the department’s budget.

This rule is intended to implement Iowa Code section 217.6 and 2000 Iowa Acts, House File 2206.

Pursuant to the authority of 2000 Iowa Acts, House File 2555, section 3, subsection 3, paragraph “b,” the Risk Pool Board established by Iowa Code section 426B.5(3)“b” proposes to amend Chapter 25, “Disability Services Management,” appearing in the Iowa Administrative Code.

The Seventy–eighth General Assembly, in 2000 Iowa Acts, House File 2555, section 3, as amended by Senate File 2452, section 4, provided an appropriation from the Tobacco Settlement Fund to establish a risk pool fund. This fund is established to provide assistance to counties with limited county mental health, mental retardation, and developmental disabilities services fund balances to pay reimbursement increases to certain service providers that have increased the compensation of their service staff in state fiscal year 2001.

Any county wishing to receive assistance from the Tobacco Settlement Fund risk pool must apply to the Risk Pool Board by September 25, 2000. The legislature appropriated $2 million for the fund for fiscal year 2001. The total amount of Tobacco Settlement Fund risk pool assistance to counties shall be limited to the amount available in the risk pool for a fiscal year. If the total amount of eligible assistance exceeds the amount available in the risk pool, the Risk Pool Board shall prorate among the counties eligible for assistance the amount of assistance or adjust the percentage rate increase allowed to providers. These rules contain provisions for repaying the risk pool funds under specified conditions.

These rules do not provide for waivers in specified situations because the requirements for eligibility for funds and for awarding and repayment of funds are all stated in the statute. These requirements cannot be waived by rule.

The substance of these rules is also Adopted and Filed Emergency and is published herein as ARC 9993A. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before August 16, 2000.

These rules are intended to implement 2000 Iowa Acts, House File 2555, section 3, as amended by Senate File 2452, section 4.

Pursuant to the authority of Iowa Code section 249A.4 and 2000 Iowa Acts, Senate File 2435, section 9, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

These amendments add pharmaceutical case management as a new service in the Medicaid program. This servicewill be provided to Medicaid recipients at high risk formedication–related problems. This service is designed to identify, prevent, and resolve medication–related problems; improve drug therapy outcomes; and result in more cost–effective delivery of health care services to persons served.

Patients are eligible for pharmaceutical case management services if they have active prescriptions for four or more regularly scheduled nontopical medications, are ambulatory, do not reside in a nursing facility, and have at least one of the eligible disease states of congestive heart disease, ischemic heart disease, diabetes mellitus, hypertension, hyperlipidemia, asthma, depression, atrial fibrillation, osteoarthritis, gastroesophageal reflux, or chronic obstructive pulmonary disease.

Following enrollment to provide the services, pharmacists will be given a list of their Medicaid patients eligible to participate in the program. Patients have the choice of whether to receive the services. If a patient elects to receive the services, the patient must receive the services from any eligible physician and pharmacist acting as a pharmaceutical case management (PCM) team. Usually these will be the patient’s primary physician and pharmacist.

Physicians and pharmacists shall meet specific criteria to provide pharmaceutical case management services. Both physicians and pharmacists shall complete an Iowa Medi–caid provider agreement, have an Iowa Medicaid provider number, and receive training under the direction of the Department regarding the provision of pharmaceutical case management services under the Iowa Medicaid program.

Physicians shall be licensed to practice medicine. Pharmacists shall present to the Department evidence of competency including state licensure, submit five acceptable patient care plans, and have successfully completed professional training on patient–oriented, medication–related problem prevention and resolution. Pharmacists shall also maintain problem–oriented patient records, provide a private patient consultation area, and submit a statement indicating that the submitted patient care plans are representative of their usual patient care plans.

The Seventy–eighth General Assembly appropriated $414,000 to provide these services and study the impact of the services on improving patients’ drug therapy outcomes. The legislation provides for an independent evaluation of the services to be conducted by the University of Iowa College of Public Health at no cost to the state. The University is to submit a final report on the findings of the evaluation by December 15, 2002. The Department of Human Services is to submit a progress report on these services by December 15, 2001, and a final report by December 15, 2002. Following submission of the final reports, the Department will reevaluate the rules with input from the Iowa Medical Society and the Iowa Pharmacy Association.

The overall purpose of the study is to determine whether reimbursed pharmaceutical care results in better care proc–esses and outcomes and is more cost–effective than nonreimbursed traditional pharmacist care.

These amendments do not provide for waiver in specified situations because the General Assembly directed the Department to implement this change, with no provision for exceptions; and they confer a benefit by providing a new Medicaid service.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before August 16, 2000.

These amendments are intended to implement Iowa Code section 249A.5 and 2000 Iowa Acts, Senate File 2435, section 9.

The following amendments are proposed.

ITEM 1. Amend 441—Chapter 78 by adopting the following new rule:

441—78.47(249A) Pharmaceutical case management services. Payment will be approved for pharmaceutical case management services provided by an eligible physician and pharmacist for Medicaid recipients determined to be at high risk for medication–related problems. These services are designed to identify, prevent, and resolve medication–related problems and improve drug therapy outcomes.

78.47(1) Medicaid recipient eligibility. Patients are eligible for pharmaceutical case management services if they have active prescriptions for four or more regularly scheduled nontopical medications, are ambulatory, do not reside in a nursing facility, and have at least one of the eligible disease states of congestive heart disease, ischemic heart disease, diabetes mellitus, hypertension, hyperlipidemia, asthma, depression, atrial fibrillation, osteoarthritis, gastroesophageal reflux, or chronic obstructive pulmonary disease.

78.47(2) Provider eligibility. Physicians and pharmacists shall meet the following criteria to provide pharmaceutical case management services.

a. Both physicians and pharmacists shall complete an Iowa Medicaid provider agreement, have an Iowa Medicaid provider number, and receive training under the direction of the department regarding the provision of pharmaceutical case management services under the Iowa Medicaid program.

A copy of pharmaceutical case management records, including documentation of services provided, shall be maintained on file in each provider’s facility and be made available for audit by the department on request.

b. Physicians shall be licensed to practice medicine.

c. Pharmacists shall present to the department evidence of competency including state licensure, submit five acceptable patient care plans, and have successfully completed professional training on patient–oriented, medication–related problem prevention and resolution. Pharmacists shall also maintain problem–oriented patient records, provide a private patient consultation area, and submit a statement indicating that the submitted patient care plans are representative of their usual patient care plans.

Acceptable professional training programs are:

(1) A doctor of pharmacy degree program.

(2) The Iowa Center for Pharmaceutical Care (ICPC) training program, which is a cooperative training initiative of the University of Iowa College of Pharmacy, Drake University College of Pharmacy and Health Sciences, and the Iowa Pharmacy Foundation.

(3) Other programs containing similar coursework and supplemental practice site evaluation and reengineering, approved by the department with input from a peer review advisory committee.

78.47(3) Services. Eligible patients may choose whether to receive the services. If patients elect to receive the services, they must receive the services from any eligible physician and pharmacist acting as a pharmaceutical case management (PCM) team. Usually these will be the patient’s primary physician and pharmacist. Pharmaceutical case management services are to be value–added services complementary to the basic medical services provided by the primary physician and pharmacist.

The PCM team shall provide the following services:

a. Initial assessment. The initial assessment shall consist of:

(1) A patient evaluation by the pharmacist, including:

1. Medication history;

2. Assessment of indications, effectiveness, safety, and compliance of medication therapy;

3. Assessment for the presence of untreated illness; and

4. Identification of medication–related problems such as unnecessary medication therapy, suboptimal medication selection, inappropriate compliance, adverse drug reactions, and need for additional medication therapy.

(2) A written report and recommendation from the pharmacist to the physician.

(3) A patient care action plan developed by the PCM team with the patient’s agreement and implemented by the PCM team. Specific components of the action plan will vary based on patient needs and conditions but may include changes in medication regimen, focused patient or caregiver education, periodic assessment for changes in the patient’s condition, periodic monitoring of the effectiveness of medication therapy, self–management training, provision ofpatient–specific educational and informational materials, compliance enhancement, and reinforcement of healthy lifestyles. An action plan must be completed for each initial assessment.

b. New problem assessments. These assessments are initiated when a new medication–related problem is identified. The action plan is modified and new components are implemented to address the new problem. This assessment may occur in the interim between scheduled follow–up assessments.

c. Problem follow–up assessments. These assessments are based on patient need and a problem identified by a prior assessment. The patient’s status is evaluated at an appropriate interval. The effectiveness of the implemented action plan is determined and modifications are made as needed.

d. Preventive follow–up assessments. These assessments occur approximately every six months when no current medication–related problems have been identified in prior assessments. The patient is reassessed for newly developed medication–related problems and the action plan is reviewed.

ITEM 2. Amend rule 441—79.1(249A) as follows:

Amend subrule 79.1(2) by adopting the following new provider category in alphabetical order:

Adopt the following new subrule:

79.1(18) Pharmaceutical case management services reimbursement. Pharmacist and physician pharmaceutical case management (PCM) team members shall be equally reimbursed for participation in each of the four services described in rule 441—78.47(249A). The following table contains the amount each team member shall be reimbursed for the services provided and the maximum number of payments for each type of assessment. Payment for services beyond the maximum number of payments shall be considered on an individual basis after peer review of submitted documentation of medical necessity.

Pursuant to the authority of Iowa Code sections 234.6, 238.16, and 600.7A, the Department of Human Services proposes to amend Chapter 108, “Licensing and Regulation of Child–Placing Agencies,” Chapter 200, “Adoption Services,” and Chapter 202, “Foster Care Services,” appearing in the Iowa Administrative Code.

These amendments revise licensing requirements for child–placing agencies providing foster care and adoptive services and revise policies governing foster care and adoptive placements made through the Department. They clarify policies that were adopted in 1996 to comply with the Multi–ethnic Placement Act of 1994, which prohibits states from having a placement policy that gives priority to race or ethnicity matches.

The Department has received an interpretation of this law and Section 1808 of Public Law 104–188, the Small Business Job Protection Act of 1996, which contains interethnic adoption provisions, from the federal Office of Civil Rights. This interpretation emphasizes that in order to avoid misuse and a generalized racial or ethnic screen, agency assessments cannot routinely include consideration of the race or ethnicity of the prospective foster or adoptive parents.

The Department’s previous policies indicated that these factors could be considered, along with other factors, in determining whether placement with a particular family was in a child’s best interests. The federal interpretation holds that these factors may never be considered unless there are special circumstances dictating that consideration is warranted.

Failure to comply with the statutory requirement could result in the reduction of federal funds for the foster care and adoption assistance programs.

These amendments do not provide for waivers in specified situations because the federal statute does not allow for exceptions.

Consideration will be given to all written data, views, and arguments received by the Office of Policy Analysis, Department of Human Services, 1305 East Walnut Street, Des Moines, Iowa 50319–0114, on or before August 16, 2000.

These amendments are intended to implement Iowa Code chapters 238 and 600 and Iowa Code section 234.6(6)“b.”

The following amendments are proposed.

ITEM 1. Amend subrule 108.7(5) as follows:

108.7(5) Consideration of racial and cultural identity. Placing a child with a family of the same ethnic, racial, and cultural background may be considered in conjunction with other factors relevant to the child’s best interest. Race, color, or national origin may not be routinely considered in placement selections.

ITEM 2. Amend subrule 108.9(7) as follows:

108.9(7) Ethnic Racial and cultural background. Placing a child with a family of the same ethnic, racial, and cultural background may be considered in conjunction with other factors relevant to the child’s best interest. Race, color, or national origin may not be routinely considered in placement selections.

ITEM 3. Adopt new paragraph 200.4(3)“b” as follows:

b. Race, color, or national origin may not be routinely considered in placement selections.

ITEM 4. Amend subrule 202.4(1) as follows:

202.4(1) Placement consistent with the best interests and special needs of the child shall be made in the least restrictive, most family–like facility available and in close proximity to the child’s home. Race, color, or national origin may not be routinely considered in placement selections.

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 1, “Administration,” Iowa Administrative Code.

The proposed amendments are intended to implement 2000 Iowa Acts, Senate File 2390, and relate to the duties and functions of the Department’s Investigations, Inspections and Health Facilities Divisions. The Department of Inspections and Appeals (DIA) was created in 1986 as part of the State Government Reorganization when portions of 15 other state agencies were transferred to DIA. Shortly after DIA was created, the Department’s first Director used the authority granted to him in Iowa Code section 10A.106 to reallocate all health care facility functions into a single division. These amendments will formally recognize the Department’s structure along the same lines as the appropriations process. Duties formally assigned to the Inspections and Investigations Divisions will be reassigned to the already existing Health Facilities Division. In addition, pursuant to Iowa Code chapter 99B, licensing procedures related to social and charitable gambling are now defined within the Department’s Inspections Division.

Interested persons may make written comments or suggestions on the proposed amendments on or beforeAugust 15, 2000. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083; or faxed to (515)242–6863.E–mail may be sent to jkomos@dia.state.ia.us.

A waiver provision has not been included in the proposed amendments. A waiver provision is not applicable to Chapter 1, “Organization,” because the chapter details the purpose, duties and organizational structure of the Department.

These amendments are intended to implement 2000 Iowa Acts, Senate File 2390.

The following amendments are proposed.

ITEM 1. Amend rule 481—1.4(10A) as follows:

481—1.4(10A) Investigations division. This division conducts investigations including but not limited to the following:

1. Investigations relative to the practice of regulated professions and occupations, except those within the jurisdiction of the board of medical examiners, the board of pharmacy examiners, the board of dental examiners, and the board of nursing.

2. Investigations relative to proposed sales within the state of subdivided land situated outside of the state.

3. Investigations relative to applications for beer and liquor licenses.

5 4. Investigations relative to the liquidation of overpayment debts owed to the department of human services.

6 5. Investigations relative to the operations of the department of elder affairs.

7 6. Investigations relative to the administration of the state supplemental assistance program, the state medical assistance program, the food stamp program, and the aid to dependent children program.

8 7. Investigations relative to the internal affairs and operations of agencies and departments within the executive branch of state government, except for institutions governed by the state board of regents.

ITEM 2. Amend rule 481—1.5(10A) as follows:

481—1.5(10A) Inspections division. This division conducts inspections including but not limited to the following:

1. Land situated outside of the state which is proposed for sale within the state. Licensing procedures related to social and charitable gambling pursuant to Iowa Code chapter 99B.

2. Food establishments, including groceries, restaurants, hotels, food and beverage vending machines, state educational or charitable institutions for licensing determination, and sanitation inspections in any locality of the state upon the written petition of five or more residents of a particular locality. Correctional and penal institutions are also inspected for sanitary conditions.

ITEM 3. Adopt the following new rule:

481—1.12(10A) Health facilities division. This division conducts inspections and investigations including but not limited to the following:

1. Investigations relative to the standards and practices of hospitals, hospices, and health care facilities.

2. Inspections and other licensing procedures relative to the hospice program, hospitals, and health care facilities. The division shall be the sole designated licensing authority for these programs and facilities.

3. Inspections relative to hospital and health care facility construction projects.

4. Inspections of child foster care facilities and private institutions for the care of dependent, neglected, and delinquent children.

ITEM 4. Amend 481—Chapter 1, implementation clause, as follows:

These rules are intended to implement Iowa Code sections 10A.104, 10A.106, and 17A.3(1), paragraph “a.,” and Iowa Code Supplement section 10A.106 as amended by 2000 Iowa Acts, Senate File 2390, section 2.

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Nursing Home Administrators hereby gives Notice of Intended Action to amend Chapter 141, “Licensure of Nursing Home Administrators,” and to rescind Chapter 143, “Continuing Education,” Iowa Administrative Code, and adopt a new Chapter 143 with the same title.

The proposed amendments rescind the current chapter on continuing education, adopt a new chapter on the same subject and renumber the rules regarding grounds for discipline.

Any interested person may make written comments on the proposed amendments no later than August 15, 2000, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division revised these rules according to Executive Order Number 8. The Division sent letters to the public for comment and seven letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on August 15, 2000, from9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may pre–sent their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapter 272C.

The following amendments are proposed.

ITEM 1. Rescind rule 645—141.10(155) and renumber rule 645—141.12(147,155,272C) as 645—141.10(147, 155,272C).

ITEM 2. Rescind 645—Chapter 143 and adopt the following new chapter in lieu thereof:

CHAPTER 143
CONTINUING EDUCATION FOR
NURSING HOME ADMINISTRATION

645—143.1(272C) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of examiners for nursing home administrators.

“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules, which has received advance approval by the board pursuant to these rules.

“Approved sponsor” means a person or an organization sponsoring continuing education activities that has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an approved sponsor, all continuing education activities of such organization, educational institution, or person may be deemed automatically approved.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period or the selection of providers for verification of adherence to continuing education provider requirements during a specified time period.

“Board” means the board of examiners for nursing home administrators.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licen–see’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of an approved continuing education activity.

“Inactive license” means the license of a person who is not in practice in the state of Iowa.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who failed to meet stated obligations for renewal within a stated time.

“License” means license to practice.

“Licensee” means any person licensed to practice as a nursing home administrator in the state of Iowa.

“National Continuing Education Review Service (NCERS)” means the continuing education review service operated by the National Association of Boards of Examiners for Nursing Home Administrators, #200, 808 17th Street NW, Washington, DC 20006.

143.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on January 1 of each even–numbered year and ending on December 31 of the next odd–numbered year. Each biennium, each person who is licensed to practice as a licensee in this state shall be required to complete a minimum of 40 hours of continuing education approved by the board.

143.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 40 hours of continuing education per biennium for each subsequent license renewal.

143.2(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be approved by the board or otherwise meet the requirements herein pursuant to statutory provisions and the rules that implement them.

143.2(4) No hours of continuing education shall be carried over into the next biennium except as stated for the second renewal.

143.2(5) It is the responsibility of each licensee to finance the cost of continuing education.

143.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. The application must be accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date(s), location, course title, presenter(s);

(2) Number of program contact hours. (One contact hour usually equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

143.3(2) Specific criteria. Licensees may obtain continuing education hours of credit by:

a. Participating in the continuing education programs approved by the National Continuing Education Review Service (NCERS).

b. Academic coursework that meets the criteria set forth in these rules. Continuing education credit equivalents are as follows:

1 academic semester hour = 15 continuing education hours

1 academic quarter hour = 10 continuing education hours

c. Attendance at or participation in a program or course which is offered or sponsored by an approved continuing education sponsor.

d. Making presentations; conducting research; producing publications; preparing new courses; participating in home study courses; attending electronically transmitted courses; and attending workshops, conferences, or symposiums approved by the board.

e. Self–study coursework that meets the criteria set forth in these rules. Continuing education credit equivalent for self–study is as follows:

180 minutes of self–study work = 1 continuing education hour

The maximum number of hours for self–study, including television viewing, video or sound–recorded programs, correspondence work, or research, or by other similar means which is not directly sponsored by and supervised by an accredited postsecondary college or university or an approved provider, is 8 hours.

143.4(1) Approval of sponsors. An applicant who desires approval as a sponsor of courses, programs, or other continuing education activities shall, unless exempted elsewhere in these rules, apply for approval to the board on the form designated by the board stating the applicant’s educational history for the preceding two years or proposed plan for the next two years.

a. The form shall include the following:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction to be presented;

(3) Names and qualifications of instructors including résumés or vitae; and

(4) Evaluation form(s).

b. Records shall be retained by the sponsor for four years.

c. Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance to the licensee providing the following information:

(1) Program date(s);

(2) Course title and presenter;

(3) Location;

(4) Number of clock hours attended and continuing education hours earned;

(5) Name of sponsor and sponsor number (if applicable);

(6) Licensee’s name; and

(7) Method of presentation.

d. All approved sponsors shall maintain a copy of the following:

(1) The continuing education activity;

(2) List of enrolled licensee’s names and license numbers; and

(3) Number of continuing education clock hours awarded for a minimum of four years from the date of the continuing education activity.

The sponsor shall submit a report of all continuing education programs conducted in the previous year during the assigned month for reporting designated by the board. The report shall also include a summary of the evaluations completed by the licensees.

143.4(2) Prior approval of programs/activities. An organization or person other than an approved sponsor that desires prior approval of a course, program or other educational activity or that desires to establish approval of such activity prior to attendance shall apply for approval to the board on a form provided by the board at least 60 days in advance of the commencement of the activity. The board shall approve or deny such application in writing within 30 days of receipt of such application. The application shall state:

a. The date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction; and

e. Names and qualifications of speakers and other pertinent information.

The organization or person shall be notified of approval or denial by ordinary mail.

143.4(3) Review of programs. Continuing educationprograms/activities shall be reported every year at the designated time as assigned by the board. The board may at any time reevaluate an approved sponsor. If, after reevaluation, the board finds there is cause for revocation of the approval of an approved sponsor, the board shall give notice of the revocation to that sponsor by certified mail. The sponsor shall have the right to hearing regarding the revocation. The request for hearing must be sent within 20 days after the receipt of the notice of revocation. The hearing shall be held within 90 days after the receipt of the request for hearing. The board shall give notice by certified mail to the sponsor of the date set for the hearing at least 30 days prior to the hearing. The board shall conduct the hearing in compliance with rule 645—11.9(17A).

143.4(4) Postapproval of activities. A licensee seeking credit for attendance and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved shall submit to the board, within 60 days after completion of such activity, the following:

a. The date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction and credit hours requested;

e. Names and qualifications of speakers and other pertinent information;

f. Request for credit which includes a brief summary of the activity; and

g. Certificate of attendance or verification.

Within 90 days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

143.4(5) Voluntary relinquishment. The approved sponsor may voluntarily relinquish sponsorship by notifying the board office in writing.

645—143.5(272C) Reporting continuing education bylicensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.

143.5(1) The information on the form shall include:

a. Title of continuing education activity;

b. Date(s);

c. Sponsor of the activity;

d. Board–approved sponsor number;

e. Number of continuing education hours earned; and

f. Teaching method used.

143.5(2) Audit of continuing education report. After each educational biennium, the board will audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a certificate of attendance or verification for all reported activities that includes the following information:

(1) Date, location, course title, schedule (brochure, pamphlet, program, presenter(s)), and method of presentation;

(2) Number of contact hours for program attended; and

(3) Certificate of attendance or verification indicating successful completion of the course.

c. For auditing purposes, the licensee must retain the above information for two years after the biennium has end–ed.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of the responsibility of meeting continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—143.6(272C) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows the license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse must apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays all penalty fees which have been assessed by the board for failure to renew;

4. Pays reinstatement fee; and

5. Provides evidence of satisfactory completion of continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is 40.

6. In addition to fees and penalties, any administrator who fails to renew a license within 90 days following the expiration of a current license may be required to meet with the board and, if through the interview process the board finds reasonable doubt that the licensee displays knowledge of the domains of practice, as listed on the national examination, the board may require the administrator to successfully complete any or all of the minimum qualifications for licensure as listed in the rules before the license shall be renewed.

645—143.7(272C) Continuing education waiver for active practitioners. A nursing home administrator licensed to practice nursing home administration shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing nursing home administrator.

645—143.8(272C) Continuing education waiver for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of continuing education compliance and obtain a certificate of waiver upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in Iowa without first complying with all regulations governing reinstatement after waiver. The application for a certificate of waiver shall be submitted upon forms provided by the board.

645—143.9(272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—143.10(272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of waiver shall, prior to engaging in the practice of nursing home administration in the state of Iowa, satisfy the following requirements for reinstatement.

143.10(1) Submit written application for reinstatement to the board upon forms provided by the board;

143.10(2) Submit payment of the current renewal fee;

143.10(3) Submit payment of the reinstatement fee; and

143.10(4) Furnish in the application evidence of one of the following:

a. Full–time practice in another state of the United States or the District of Columbia and completion of continuing education for each biennium of inactive status substantially equivalent in the opinion of the board to that required under these rules; or

b. Completion of 40 hours of approved continuing education.

645—143.11(272C) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education program or credit for continuing education activity, the applicant, licensee or program provider shall have the right within 20 days after the sending of the notification of denial by ordinary mail to request a hearing which shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board or an administrative law judge designated by the board, in substantial compliance with the hearing procedure set forth in rule 645—11.9(17A).

These rules are intended to implement Iowa Code section 272C.2 and chapter 155.

Pursuant to the authority of Iowa Code section 147.76, the Board of Physical and Occupational Therapy Examiners hereby gives Notice of Intended Action to amend Chapter 200, “Physical Therapy Examiners,” and Chapter 202, “Physical Therapist Assistants,” and adopt new Chapter 203, “Continuing Education for Physical Therapists and Physical Therapist Assistants,” Iowa Administrative Code.

The proposed amendments rescind the current continuing education rules; adopt a new chapter for continuing education; renumber the rules regarding grounds for discipline and supervision requirements; and amend cross references to rules.

Any interested person may make written comments on the proposed amendments no later than August 15, 2000, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division sent letters to the public for comment, and eleven letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board, and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on August 15, 2000, from9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may pre–sent their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapter 272C.

The following amendments are proposed.

ITEM 1. Amend subparagraph 200.3(1)“b”(1) as follows:

(1) An English translation and an equivalency evaluation of their educational credentials by one of the following: Foreign Credentialing Commission on Physical Therapy, Inc., P.O. Box 25827, Alexandria, VA 22313–9998, telephone (703)684–8406; International Educational Research Foun–dations, Inc., Credentials Evaluation Service, P.O. Box 66940, Los Angeles, CA 90066, telephone (310)390–6276; International Consultants of Delaware, Inc., 109 Barksdale, Professional Center, Newark, DE 19711, telephone (302) 737–8715; International Credentialing Associates, Inc., One Progress Plaza, Suite 810, St. Petersburg, FL 33701, telephone (813)821–8852 7245 Bryan Dairy Road, Bryan Dairy Business Park II, Largo, FL 33777, telephone (727) 549–8555. The professional curriculum must be equivalent to the Commission of Accreditation in Physical Therapy Education standards and shall consist of a minimum of 60 hours of general education and 60 hours of professional education. An applicant shall bear the expense of the curriculum evaluation.

ITEM 2. Amend subrule 200.5(2) as follows:

200.5(2) Beginning July 1, 1999, the continuing education requirements will coincide with the renewal compliance period. The licensee shall submit to the board office 30 days before licensure expiration the application and continuing education report form with the renewal fee as specified in rule 200.9(147). Individuals who were issued their initial licenses within six months of their birth month will not be required to renew their licenses until the fifteenth day of their birth month two years later. The new licensee is exempt from meeting the continuing education requirement for the continuing education biennium in which the license is originally issued. Individuals will be required to report 40 hours of continuing education for the first renewal and every renewal thereafter.

ITEM 3. Amend subrule 200.9(1) as follows:

200.9(1) The application fee for a license to practice physical therapy issued upon the basis of examination or endorsement is $100 in check or money order made payable to the Board of Physical and Occupational Therapy Examiners. There is an additional fee for the examination. The fee for the examination is listed on the application form and should be included in the check with the application fee.

ITEM 4. Rescind subrule 200.9(2) and adopt new subrule 200.9(2) as follows:

200.9(2) The renewal fee for a license to practice physical therapy for a biennial period is $55.

ITEM 5. Rescind rule 645—200.10(272C) and renumber rule 645—200.23(272C) as 645—200.10(272C).

ITEM 6. Amend renumbered rule 645—200.10(272C), introductory paragraph, as follows:

645—200.10(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 645—13.3(272C), these rules, including civil penalties in an amount not to exceed $1,000, when the board determines that the licensee is guilty of any of the following acts or offenses.

ITEM 7. Amend renumbered subparagraph 200.10(7) “c”(7) as follows:

(7) Appropriately supervising individuals as described in rule 200.24(272C) 200.11(272C).

ITEM 8. Amend renumbered subrule 200.10(8) as follows:

200.10(8) Failure to adequately supervise personnel in accordance with the standards for supervision set forth in rule 200.24(272C) 200.11(272C).

ITEM 9. Amend renumbered subrule 200.10(15) as follows:

200.10(15) Failure to report to the board as provided in Iowa Code section 272C.9 any violation by a physical therapist assistant of the reasons for disciplinary action as listed in rule 645—202.20(272C) Chapter 13.

ITEM 10. Rescind rule 645—200.11(272C) and renumber rule 645—200.24(272C) as 645—200.11(272C).

ITEM 11. Amend renumbered subrule 200.11(1) as follows:

200.11(1) Licensed physical therapist assistants may assist in providing physical therapy services under immediate telecommunicative supervision as long as the physical therapy services are rendered in accordance with the minimal frequency standards set forth in subrule 200.24(4) 200.11(4).

ITEM 12. Amend renumbered subrule 200.11(2) as follows:

200.11(2) Licensed physical therapist assistants may assist in providing physical therapy services as long as supervision and the physical therapy services are rendered in accordance with the minimal frequency standards set forth in subrule 200.24(4) 200.11(4).

ITEM 13. Rescind and reserve rules 645—200.12(272C) to 645—200.15(272C).

ITEM 14. Amend subrule 202.6(2) as follows:

202.6(2) Beginning July 1, 1999, the continuing education requirements will coincide with the renewal compliance period. The licensee shall submit to the board office, 30 days before licensure expiration, the application and continuing education report form with the renewal fee as specified in 200.10(147) 200.7(147). Individuals who were issued their initial licenses within six months of their birth month will not be required to renew their licenses until the fifteenth day of their birth month two years later. The new licensee is exempt from meeting the continuing education requirement for the continuing education biennium in which the license is originally issued. Individuals will be required to report 20 hours of continuing education for the first renewal and every renewal thereafter.

ITEM 15. Rescind rule 645—202.7(147) and renumber rule 645—202.10(147) as 645—202.7(147).

ITEM 16. Amend renumbered subrule 202.7(1) as follows:

202.7(1) The application fee for a license to practice as a physical therapist assistant issued upon the basis of examination or endorsement is $90 in check or money order made payable to the Board of Physical and Occupational Therapy Examiners. There is an additional fee for the examination. The fee for the examination is listed on the application form and should be included in the check with the application fee.

ITEM 17. Rescind renumbered subrule 202.7(2) and adopt new subrule 202.7(2) as follows:

202.7(2) The renewal fee for a license to practice physical therapy for a biennial period is $45.

ITEM 18. Rescind rule 645—202.8(147) and renumber rule 645—202.23(272C) as 645—202.8(272C).

ITEM 19. Amend renumbered rule 645—202.8(272C), introductory paragraph, as follows:

645—202.8(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 645—13.1(272C), these rules, including civil penalties in an amount not to exceed $1,000, when the board determines that the licensee is guilty of any of the following acts or offenses.

ITEM 20. Amend renumbered paragraph 202.8(7)“h” as follows:

h. The physical therapist assistant shall work only when supervised by a physical therapist and in accordance with rule 645—200.24(272C) 200.11(272C). If the available supervision does not meet the standards as set forth in rule 645—200.24(272C) 200.11(272C), the physical therapist assistant shall refuse to administer treatment.

ITEM 21. Rescind and reserve rules 645—202.9(147) and 645—202.11(272C) to 645—202.13(272C).

ITEM 22. Adopt new 645—Chapter 203 as follows:

CHAPTER 203
CONTINUING EDUCATION FOR PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS

645—203.1(272C) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of physical and occupational therapy examiners.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period.

“Board” means the board of physical and occupational therapy examiners.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of approved continuing education activity.

“Inactive license” means the license of a person who is not engaged in practice in the state of Iowa.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who has failed to meet stated obligations for renewal within a stated time.

“License” means license to practice.

“Licensee” means any person licensed to practice as a physical therapist or physical therapist assistant in the state of Iowa.

203.2(1) The biennial continuing education compliance period shall extend for a two–year period that begins on the fifteenth day of the birth month and ends two years later on the fifteenth day of the birth month.

a. Requirements for physical therapist licensees. Each biennium, each person who is licensed to practice as a physical therapist in this state shall be required to complete a minimum of 40 hours of continuing education approved by the board.

b. Requirements for physical therapist assistant licensees. Each biennium, each person who is licensed to practice as a physical therapist assistant in this state shall be required to complete a minimum of 20 hours of continuing education approved by the board.

203.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 40 hours of continuing education per biennium for physical therapists and a minimum of 20 hours for physical therapist assistants each subsequent license renewal.

203.2(3) Reinstated licensees and licensees through interstate endorsement shall obtain 40 hours of continuing education credit for physical therapists and 20 hours for physical therapist assistants for renewal of the license if the license is obtained in the first year of the continuing education biennium. Reinstated licensees and licensees through interstate endorsement shall obtain 20 hours for physical therapists and 10 hours for physical therapist assistants if the license is obtained in the second year of the continuing education biennium. Reinstated licensees and licensees through interstate endorsement may use continuing education earned prior to licensure in Iowa, but within the same continuing education biennium in which they obtained Iowa licensure, to fulfill this requirement.

203.2(4) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must meet the requirements herein pursuant to statutory provisions and the rules that implement them.

203.2(5) No hours of continuing education shall be carried over into the next biennium.

203.2(6) It is the responsibility of each licensee to finance the cost of continuing education.

203.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program, and is accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date, location, course title, presenter(s);

(2) Number of program contact hours. (One contact hour usually equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

203.3(2) Specific criteria. Licnesees may obtain continuing education hours of credit by:

a. Presenting professional programs which meet the criteria listed in this rule. Two hours of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for audit.

b. Providing official transcripts indicating successful completion of academic courses which apply to the field of physical therapy will be necessary in order to receive the following continuing education credits:

1 academic semester hour = 15 continuing education hours of credit

1 academic trimester hour = 12 continuing education hours of credit

1 academic quarter hour = 10 continuing education hours of credit

c. Attending workshops, conferences, symposiums or electronically transmitted, live interactive conferences which relate directly to the professional competency of the licensee.

d. Authoring research or other activities the results of which are published in a recognized professional publication. The licensee shall receive five hours of credit per page.

e. Viewing videotaped presentations if the following criteria are met:

(1) There is a sponsoring group or agency;

(2) There is a facilitator or program official present;

(3) The program official may not be the only attendee; and

(4) The program meets all the criteria specified in this rule.

f. Participating in home study courses that have a certificate of completion.

g. Participating in courses that have business–related topics: marketing, time management, government regulations, and other like topics.

h. Participating in courses that have personal skills topics: career burnout, communication skills, human relations, and other like topics.

i. Participating in courses that have general health topics: clinical research, CPR, child abuse reporting, and other like topics.

j. Having the following maximums per biennium:

(1) Twenty hours of credit for physical therapists and ten hours for physical therapist assistants for presenting professional programs.

(2) Twenty hours of credit for physical therapists and ten hours for physical therapist assistants for authoring research.

(3) Twenty hours of credit for physical therapists and ten hours for physical therapist assistants for viewing videotaped presentations and electronically transmitted material that have a postcourse test.

(4) Twenty hours of credit for physical therapists and ten hours for physical therapist assistants for business–related topics, personal skills topics and general health topics.

(5) Twenty hours of credit for physical therapists and ten hours for physical therapist assistants for home–study courses.

k. Completing per biennium continuing education of a clinical nature at a minimum of twenty hours for physical therapists and ten hours for physical therapist assistants.

645—203.4(148A) Reporting continuing education bylicensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.

203.4(1) The information on the form shall include:

a. Title of continuing education activity;

b. Date(s);

c. Sponsor of the activity;

d. Board–approved sponsor number (if applicable); and

e. Number of continuing education hours earned.

203.4(2) Audit of continuing education report. After each educational biennium, the board shall audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a copy of the certificate of attendance or verification for all reported activities that includes the following information:

(1) Date, location, course title, schedule (brochure, pamphlet, program, presenter(s) and applicable credentials), and method of presentation; and

(2) Number of contact hours for program attended.

c. For auditing purposes, the licensee must retain the above information for two years after the biennium has end–ed.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to an audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of the responsibility of meeting the continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—203.5(148A) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after the expiration date shall cause the license to lapse. A person who allows a license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays all penalty fees which have been assessed by the board for failure to renew;

4. Pays the reinstatement fee; and

5. Provides evidence of satisfactory completion of Iowa continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 40 for physical therapist licensees and 20 for physical therapist assistant licensees by the number of bienniums since the license lapsed. Physical therapist licensees shall have a maximum of 120 continuing education hours, and physical therapist assistants shall have a maximum of 60 continuing education hours.

6. The applicant shall provide an official statement from each country, territory and state board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant has been licensed since the Iowa license lapsed.

645—203.6(148A,272C) Continuing education waiver for active practitioners. A physical therapist or physical therapist assistant licensed to practice physical therapy shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing physical therapist or physical therapist assistant.

645—203.7(148A,272C) Continuing education waiver for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of continuing education compliance and obtain a certificate of waiver upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in Iowa without first complying with all regulations governing reinstatement after waiver. The application for a certificate of waiver shall be submitted upon forms provided by the board.

645—203.8(148A,272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant a waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—203.9(148A,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and have obtained a certificate of exemption shall, prior to engaging in the practice of physical therapy in the state of Iowa, satisfy the following requirements for reinstatement:

203.9(1) Submit written application for reinstatement to the board upon forms provided by the board with the current renewal fee and appropriate reinstatement fee; and

203.9(2) Furnish in the application evidence of one of the following:

a. Full–time practice in another state of the United States or the District of Columbia and completion of continuing education for each biennium of inactive status substantially equivalent in the opinion of the board to that required under these rules; or

b. Completion of a total number of hours of approved continuing education computed by multiplying 40 for physical therapist licensees or 20 for physical therapist assistant licensees by the number of bienniums a certificate of exemption has been in effect for such applicant for a maximum of 120 hours for physical therapy licensees and a maximum of 60 hours for physical therapist assistant licensees.

c. Successful completion of the professional examination required for initial licensure within one year immediately prior to the submission of such application for reinstatement.

d. An official statement from each country, territory and state board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant has been licensed since putting the Iowa license on inactive status.

645—203.10(272C) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education activity for continuing education credit, the applicant or licensee shall have the right within 20 days after the sending of the notification of denial by ordinary mail to request a hearing which shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board or an administrative law judge designated by the board, in substantial compliance with the hearing procedure set forth in rule 645—11.9(17A).

These rules are intended to implement Iowa Code section 272C.2 and chapter 148A.

Pursuant to the authority of Iowa Code section 147.76, the Board of Physical and Occupational Therapy Examiners hereby gives Notice of Intended Action to amend Chapter 201, “Occupational Therapy Examiners,” and adopt new Chapter 207, “Continuing Education for Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code.

The proposed amendments rescind the current continuing education rules; add a new chapter for continuing education; renumber grounds for discipline, license fees, and supervision requirements; and amend references to rules that are no longer in use.

Any interested person may make written comments on the proposed amendments no later than August 15, 2000, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division sent letters to the public for comment and nine letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on August 15, 2000, from1 to 3 p.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These rules are intended to implement Iowa Code section 147.76 and chapter 272C.

The following amendments are proposed.

ITEM 1. Amend rule 645—201.1(148B) by rescinding the definition of “AOTCB.”

ITEM 2. Amend rule 645—201.1(148B), definition of “examination,” as follows:

“Examination” means the AOTCB NBCOT examination for occupational therapists and for occupational therapy assistants.

ITEM 3. Amend rule 645—201.1(148B) by adopting the following new definition:

“NBCOT” means the National Board for Certification in Occupational Therapy.

ITEM 4. Amend subrules 201.4(1) and 201.4(2) as follows:

201.4(1) The applicant for licensure as an occupational therapist shall have received a passing score on the NBCOT certification examination for occupational therapists of the AOTCB as determined by that board. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted to the board of physical and occupational therapy examiners.

201.4(2) The applicant for a license as an occupational therapy assistant shall have received a passing score on the NBCOT certification examination for occupational therapy assistants of the AOTCB as determined by that board. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted to the board of physical and occupational therapy examiners.

ITEM 5. Amend paragraph 201.5(1)“d” as follows:

d. A notarized copy of the certification examination results or official letter from AOTCB NBCOT confirming a passing score.

ITEM 6. Amend subrule 201.7(2) as follows:

201.7(2) Beginning July 1, 1999, the continuing education requirements will coincide with the renewal compliance period. The licensee shall submit to the board office 30 days before licensure expiration the application and continuing education report form with the renewal fee as specified in rule 201.12(147) 201.8(147). Individuals who were issued their initial licenses within six months of their birth month will not be required to renew their licenses until the fifteenth day of their birth month two years later. The new licensee is exempt from meeting the continuing education requirement for the continuing education biennium in which the license is originally issued. Occupational therapists will be required to report 30 hours and occupational therapy assistants 15 hours of continuing education for the first renewal and every renewal thereafter.

ITEM 7. Rescind rule 645—201.8(147) and renumber 645—201.12(147) as 645—201.8(147).

ITEM 8. Rescind renumbered subrule 201.8(3) and adopt the following new subrule in lieu thereof:

201.8(3) The renewal fee for a license to practice as an occupational therapist for a biennial period is $55. The renewal fee for a license to practice as an occupational therapy assistant for a biennial period is $45.

ITEM 9. Rescind rule 645—201.9(272C) and renumber 645—201.13(272C) as 645—201.9(272C).

ITEM 10. Rescind and reserve renumbered subrules 201.9(3) and 201.9(4).

ITEM 11. Amend renumbered subrule 201.9(6), introductory paragraph, as follows:

201.9(6) The applicant for permanent license who is already certified and working in the scope of occupational therapy prior to licensure shall receive the same supervision as set out in 201.13 9(1)“b” and 201.13 9(2) for occupational therapy assistants and 201.13 9(1)“b” and 201.13 9(3) for occupational therapists.

ITEM 12. Amend renumbered subrule 201.9(8) as follows:

201.9(8) When supervising unlicensed personnel not covered under 201.13 9(1), 201.13 9(2), 201.13 9(3) and 201.13 9(6), the following conditions shall be met:

a. to c. No change.

ITEM 13. Rescind rule 645—201.10(272C) and renumber rule 645—201.24(272C) as 645— 201.10(272C).

ITEM 14. Amend renumbered subrule 201.10(8) as follows:

201.10(8) Failure to adequately supervise personnel in accordance with the standards for supervision set forth in rule 201.13 9(272C).

ITEM 15. Rescind and reserve rules 645—201.11(147) and 645—201.14(272C) to 645—201.17(272C).

ITEM 16. Adopt new 645—Chapter 207 as follows:

CHAPTER 207
CONTINUING EDUCATION FOR OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS

645—207.1(148B) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of physical and occupational therapy examiners.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period.

“Board” means the board of physical and occupational therapy examiners.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of an approved continuing education activity.

“Inactive license” means the license of a person who is not engaged in practice in the state of Iowa.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who has failed to meet stated obligations for renewal within a stated time.

“License” means license to practice.

“Licensee” means any person licensed to practice as an occupational therapist or occupational therapy assistant in the state of Iowa.

207.2(1) The biennial continuing education compliance period shall extend for a two–year period that begins on the fifteenth day of the licensee’s birth month and ends two years later on the fifteenth day of the birth month.

a. Requirements for occupational therapist licensees. Each biennium, each person who is licensed to practice as an occupational therapist in this state shall be required to complete a minimum of 30 hours of continuing education approved by the board.

b. Requirements for occupational therapy assistant licensees. Each biennium, each person who is licensed to practice as an occupational therapy assistant in this state shall be required to complete a minimum of 15 hours of continuing education approved by the board.

207.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 30 hours of continuing education per biennium for occupational therapists and 15 hours for occupational therapy assistants each subsequent license renewal.

207.2(3) Reinstated licensees and licensees through interstate endorsement shall obtain 30 hours of continuing education credit for occupational therapists and 15 for occupational therapy assistants for renewal of license if the license is obtained in the first year of the continuing education biennium. Reinstated licensees and licensees through interstate endorsement shall obtain 15 hours for occupational therapists and 8 hours for occupational therapy assistants if the license is obtained in the second year of the continuing education biennium. Reinstated licensees and licensees through interstate endorsement may use continuing education earned prior to licensure in Iowa, but within the same continuing education biennium in which they obtained Iowa licensure, to fulfill this requirement.

207.2(4) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must meet the requirements herein pursuant to statutory provisions and the rules that implement them.

207.2(5) No hours of continuing education shall be carried over into the next biennium.

207.2(6) It is the responsibility of each licensee to finance the cost of continuing education.

207.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program, and is accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date, location, course title, presenter(s);

(2) Number of program contact hours. (One contact hour usually equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

207.3(2) Specific criteria.

a. Licensees may obtain continuing education hours of credit by:

(1) Presenting professional programs which meet the criteria listed in this rule. Two hours of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for an audit;

(2) Providing official transcripts indicating successful completion of academic courses which apply to the field of occupational therapy. Credit hour equivalents are:

1 academic semester hour = 15 continuing education hours of credit

1 academic trimester hour = 12 continuing education hours of credit

1 academic quarter hour = 10 continuing education hours of credit

(3) Authoring research or other activities the results of which are published in a recognized professional publication. The licensee shall receive five hours of credit per page;

(4) Viewing videotaped presentations if the following criteria are met:

1. There is a sponsoring group or agency;

2. There is a facilitator or program official present;

3. The program official may not be the only attendee; and

4. The program meets all the criteria specified in this rule;

(5) Participating in home study courses that have a certificate of completion;

(6) Attending courses/activities that have business–related topics: marketing, time management, government relations, and other like topics;

(7) Attending courses/activities that have personal skills topics: career burnout, communication skills, human relations, and other like topics;

(8) Attending courses/activities that have general health topics: clinical research, CPR, child abuse reporting, and other like topics;

(9) Attending workshops, conferences and symposiums which relate directly to the professional competency of the licensee.

b. The maximum number of hours in each category in each biennium is as follows:

(1) Fifteen hours of credit for occupational therapists and eight hours of credit for occupational therapy assistants for presenting professional programs.

(2) Fifteen hours of credit for occupational therapists and eight hours of credit for occupational therapy assistants for participating in research.

(3) Fifteen hours of credit for occupational therapists and eight hours of credit for occupational therapy assistants for viewing videotaped presentations and electronically transmitted material that have a postcourse test.

(4) Fifteen hours of credit for occupational therapists and eight hours of credit for occupational therapy assistants for business–related topics, personal skills topics and general health topics.

(5) Fifteen hours of credit for occupational therapists and eight hours of credit for occupational therapy assistants for home–study courses.

c. Each biennium, a minimum of 15 hours of continuing education for occupational therapists and a minimum of 8 hours for occupational therapy assistants shall be of a clinical nature.

645—207.4(272C) Reporting continuing education by licensee. At the time of license renewal, each licensee shall be required to submit a report of continuing education to the board on a board–approved form.

207.4(1) The information on the form shall include:

a. Title of continuing education activities;

b. Date(s);

c. Sponsor of the activities;

d. Board–approved sponsor number (if applicable);

e. Number of continuing education hours earned; and

f. Teaching method used.

207.4(2) Audit of continuing education report. After each educational biennium, the board will audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a copy of the certificate of attendance or verification for all reported activities that includes the following information:

(1) Date, location, course title, schedule (brochure, pamphlet, program, presenter(s) and their credentials), and method of presentation; and

(2) Number of contact hours for program attended.

c. For auditing purposes, the licensee must retain the above information for two years after the biennium has end–ed.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to an audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of the responsibility of meeting the continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—207.5(147) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows a license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays all penalty fees which have been assessed by the board for failure to renew;

4. Pays the reinstatement fee; and

5. Provides an official statement from each country, territory and state board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant has been licensed since the Iowa license lapsed; or

6. Provides evidence of satisfactory completion of Iowa continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 30 for the occupational therapist licensees and 15 for occupational therapy assistant licensees by the number of bienniums since the license lapsed. Occupational therapist licensees shall have a maximum of 90 hours of continuing education and occupational therapist assistant licensees shall have a maximum of 45 hours of continuing education.

645—207.6(272C) Continuing education waiver for active practitioners. An occupational therapist or occupational therapy assistant licensed to practice occupational therapy or occupational therapy assistance shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing occupational therapist or occupational therapy assistant.

645—207.7(272C) Continuing education waiver for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of continuing education compliance and obtain a certificate of waiver upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in Iowa without first complying with all regulations governing reinstatement after waiver. The application for a certificate of waiver shall be submitted upon forms provided by the board.

645—207.8(272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum education requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant a waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—207.9(272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of waiver shall, prior to engaging in the practice of occupational therapy in the state of Iowa, satisfy the following requirements for reinstatement.

207.9(1) Reinstatement of the inactive license may be granted by the board if the applicant:

a. Submits a written application for reinstatement to the board;

b. Pays all renewal fees then due;

c. Pays the reinstatement fee; and

d. Provides an official statement from each country, territory and state board of examiners regarding the status of the applicant’s license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant has been licensed since putting the Iowa license on inactive status.

207.9(2) The applicant shall furnish in the application evidence of one of the following:

a. Full–time practice in another state of the United States or the District of Columbia and completion of continuing education for each biennium of inactive status substantially equivalent in the opinion of the board to that required under these rules; or

b. Completion of a total number of hours of approved continuing education computed by multiplying 30 for occupational therapist licensees or 15 for occupational therapy assistant licensees by the number of bienniums a certificate of exemption has been in effect for such applicant. The occupational therapy licensees shall have a maximum of 90 hours of continuing education and occupational therapy assistants shall have a maximum of 45 hours of continuing education; or

c. Successful completion of the appropriate professional examination, successfully completed within one year immediately prior to the submission of such application for reinstatement.

645—207.10(272C) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education activity for continuing education credit, the applicant or licensee shall have the right within 20 days after the sending of the notification of denial by ordinary mail to request a hearing which shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board or an administrative law judge designated by the board, in substantial compliance with the hearing procedure set forth in rule 645—11.9(17A).

These rules are intended to implement Iowa Code section 272C.2 and chapter 148B.

Pursuant to the authority of Iowa Code section 256.84(9), the Public Broadcasting Board proposes to adopt Chapter 14, “Criteria for Grants,” Iowa Administrative Code.

The proposed new chapter will set criteria used for awarding grants or contracts.

Interested persons may submit comments orally or in writing to Molly Phillips, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131, telephone (515) 242–3120, on or before August 15, 2000.

The Public Broadcasting Board adopted this chapter on July 5, 2000.

These rules are intended to implement Iowa Code sections 256.80 to 256.90.

The following new chapter is proposed.

CHAPTER 14
CRITERIA FOR GRANTS

288—14.1(256) Purpose. The division provides grant funding and contracts to a variety of entities throughout the state for support of educational telecommunications programs. To ensure objective evaluation of applicants for these funds, grant and contract application materials shall contain, at minimum, specific content. Program grant and contract application packets shall be developed by the division in accordance with these rules unless prohibited by or in conflict with appropriation language, the Iowa Code, the Iowa Administrative Code, federal regulations, or interagency agreements between the division and other state agencies.

288—14.2(256) Definitions. For the purpose of these rules, the following definitions shall apply:

“Division” means Iowa Public Television.

“Program grant or contract” means the collective activities of a grant or contract funded through the division.

“Program period” means the period of time during which the division intends to support the program without requiring the recompetition for funds. The program period is specified within the grant application.

“Service delivery area” means the defined geographic area for delivery of program services.

288—14.3(256) Requirements. The following shall be included in all program grant and contract application materials made available by the division:

1. Funding source.

2. Program period.

3. Description of eligible applicants.

4. Services to be delivered.

5. Service delivery area.

6. Target population to be served (if applicable).

7. Funding purpose.

8. Funding restrictions.

9. Funding formula (if any).

10. Matching requirement (if any).

11. Reporting requirements.

12. Performance criteria (if any).

13. Need for letters of support or other materials (if applicable).

14. Application due date.

15. Anticipated date of awarding grant/contract.

16. Required components of submitted grant applications.

17. An explanation of the review process and the review criteria to be used by application evaluators, including, if applicable, the number of points allocated per required component.

18. Appeal process in the event an application is denied (only with competitive grant/contract process).

288—14.4(256) Review process (for competitive grants and contracts). The review process to be followed in determining the amount of funds to be approved for any competitive program grant or contract shall be described in the application. The review criteria and point allocation for each criterion shall also be described in the grant application material.

288—14.5(256) Appeal of grant or contract denial or termination. Any applicant may appeal to the administrator the denial of a properly submitted competitive program grant or contract application or the unilateral termination of a competitive program grant or contract. Appeals must be in writing and received within ten working days of the date of the notice of decision and must be based on a contention that the process was conducted outside of statutory authority; violated state or federal law, policy, or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members. The contested case procedures found in 288—Chapter 13 that govern the administrator’s decision shall be applicable to any appeal of denial or termination.

In the notice of appeal, the applicant shall give a short and plain statement of the reasons for the appeal.

The administrator shall issue a decision within a reasonable time, not to exceed 60 days from the date of the appeal.

These rules are intended to implement Iowa Code sections 256.80 to 256.90.

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 5, “Fire Marshal,” Iowa Administrative Code.

Provisions were included in legislation passed by the General Assembly during its 2000 regular session for changes in and additions to fees collected by the Fire Marshal Division. 2000 Iowa Acts, House File 2552, section 20, amended Iowa Code section 100.1 to require the adoption of rules designating a fee to be assessed to each building, structure, or facility for which a fire inspection is required as a condition of licensure. 2000 Iowa Acts, Senate File 2430, section 23, amended Iowa Code section 101.22 to provide for renewal of registrations of aboveground petroleum storage tanks. Registration of these tanks has been required since 1989, and a one–time registration fee of $10 per tank has been collected and deposited in the general fund as the tanks were registered. The additional language provides for an annual fee of $10 per tank for renewal of the registration. These amendments provide for the required fire inspection fees and for annual renewal of aboveground petroleum storage tank registrations and the accompanying fees.

A public hearing on these proposed amendments will be held on September 8, 2000, at 9:45 a.m. in the Third Floor Conference Room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may pre–sent their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515) 281–5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding these proposed amendments may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated at least one day prior to the public hearing, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at the Bureau office at least one day prior to the public hearing.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9989A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 100.1 as amended by 2000 Iowa Acts, House File 2552, and section 101.22 as amended by 2000 Iowa Acts, Senate File 2430.

Pursuant to the authority of Iowa Code section 692A.10, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 8, “Criminal Justice Information,” Iowa Administrative Code.

The Sex Offender Registry was established by the adoption of Iowa Code chapter 692A by the Iowa General Assembly in 1995. The Registry is intended to facilitate the tracking of sex offenders by criminal and juvenile justice agencies in order to accomplish two related purposes: (1) enhance the capability of criminal and juvenile justice agencies to obtain information about convicted sex offenders useful in investigation of offenses, apprehension of suspects, and prosecution of crimes, especially sex offenses, and (2) enable members of the public to obtain information about convicted sex offenders that may assist them in protecting themselves.

Iowa Code chapter 692A was amended this year by 2000 Iowa Acts, Senate File 2031, in which the time limit for registrants to report changes of address, telephone number, or name was reduced from ten days to five days. These proposed amendments incorporate this change. In addition, completion of risk assessments by juvenile court officers, which was previously inadvertently omitted from the rules, is added, and two elements of the rules are removed. One of the deleted elements is a requirement that registrants receive a completed copy of the risk assessment form when they receive notice of possible affirmative public notification. This information will be provided to the registrant if an appeal of affirmative public notification is filed. These amendments also remove the requirement that the forms displaying registrants for purposes of affirmative public notification contain the signature of the chief executive of the agency undertaking affirmative public notification.

A public hearing on these proposed amendments will be held on September 8, 2000, at 11 a.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281-5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding these proposed amendments may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated at least one day prior to the public hearing, or submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at the Bureau office at least one day prior to the public hearing.

Contemporaneous with the filing of this Notice, these amendments were also Adopted and Filed Emergency and are published herein as ARC 9988A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 692A as amended by 2000 Iowa Acts, Senate File 2031.

Pursuant to the authority of Iowa Code section 103A.7, the Building Code Commissioner hereby gives Notice of Intended Action to amend Chapter 16, “State of Iowa Building Code,” Iowa Administrative Code, with the approval of the Building Code Advisory Council.

The Building Code Commissioner has received a petition for rule making requesting an amendment to 661—Chapter 16. The petition requests that subrule 16.705(3), paragraph “a,” be amended to remove any requirement for elevators in newly constructed three–story apartment buildings.

This Notice is being published in order to provide an opportunity for public participation and comment. After public comment has been obtained, the Building Code Commissioner will determine whether or not to proceed with proposing to the Building Code Advisory Council the addition of the language contained in the proposed amendment.

A public hearing regarding this amendment will be held on September 8, 2000, at 1:30 p.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand, Des Moines, Iowa. Persons may present their views concerning this amendment at the public hearing orally or in writing. Persons who wish to make oral presentations at the hearing should contact the Building Code Bureau, Fire Marshal Division, Department of Public Safety, 621 East 2nd Street, Des Moines, Iowa 50309; or by telephone at (515) 281–5132 at least one day prior to the hearing.

Any interested persons may make oral or written comments concerning this proposed amendment to the Building Code Bureau by mail, telephone, or in person at the above address at least one day prior to the public hearing. Comments may also be submitted by electronic mail via the Internet to admrule@dps.state.ia.us at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 103A.7.

The following amendment is proposed.

Amend subrule 16.705(3), paragraph “a,” by adopting the following new exception:

EXCEPTION 4: Elevators are not required in apartment buildings of less than four stories.

Pursuant to the authority of Iowa Code sections 421.14, 422.68, 422B.9, and 422E.3, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 107, “Local Option Sales and Service Tax,” and Chapter 108, “Local Option School Infrastructure Sales and Service Tax,” Iowa Administrative Code.

Items 1 and 2 amend 701—Chapters 107 and 108 by adopting new rule 701—107.16(422B) and amending 701— 108.4(422E) to reference 701—107.16(422E) as being applicable to 701—Chapter 108. Both of these amendments provide that the Director may charge a fee to local option tax jurisdictions to recover direct costs incurred by the Department related to the collection and distribution of such taxes.

The proposed amendments impact state mandates regarding agency administrative rules set forth in Iowa Code section 25B.6. In compliance with this statutory provision, attached is the fiscal impact statement outlining the costs of these proposed amendments.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code Supplement section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code Supplement section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than August 28, 2000, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business, or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before August 25, 2000. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to convey their views orally should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281–4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

There will be a public hearing August 15, 2000, from 1:30 to 3 p.m. in the conference room on the fourth floor of the Hoover State Office Building. Persons may present their views at this hearing either orally or in writing. Persons who wish to make oral presentations at the public hearing should contact the Policy Section at least one day prior to the date of the public hearing.

These amendments are intended to implement 2000 Iowa Acts, House File 2545, section 28.

Iowa Code section 25B.6 requires a fiscal impact statement outlining the cost of an administrative rule which necessitates additional combined expenditures exceeding $100,000 by all affected political subdivisions. Because this noticed rule will reduce the distribution of local option sales taxes to political subdivisions of the state exceeding $100,000, a fiscal impact statement has been prepared.